STATE OF RAJASTHAN Vs. MOHAMMAD HABIB

JUDGEMENT

(1.) THIS is an appeal by the State from the judgment of Shri Mohammad Yaqub. Special Judge. Banswara dated 29. 11. 1968 by which the learned Judge acquitted the respondent Mohammed Habib for offences under Section 161, I. P. C. and Section 5 (1) (d) read with Section 5 Sub-section (2) of the Prevention of Corruption Act. 1947 (which will hereinafter be called 'the Act' ).

(2.) THE respondent was a Head Constable in the Police Department. At the relevant point of time he was posted at Check post. Nathupura. District Banswara. On 29. 1. 1965 he recovered opium from P. W. 2 Noorgul Khan and arrested him under the Opium Act. Noorgul Khan was prosecuted under Section 4 read with Section 9 of the Opium Act in the Court of Sub-divisional Magistrate. Banswara. The prosecution case is that the respondent demanded illegal gratification from Noorsul Khan on the representation that he would set him acquitted. The amount of bribe was settled at Rs. 50/- out of which Rs. 15/-were paid on 21. 6. 1965 and Rs. 20/-were agreed to be Paid on 23. 6. 1965. Noorgul Khan, however, wanted to bring the respondent to book for demanding illegal gratification from him and with this end in view he submitted an application Ex. P. 4 to the Dy. Superintendent of Police. Anti Corruption. Shri Santosh Kumar (P. W. 7 ). Noorgul Khan also produced two notes of Rs. 10/-each before the Dy. S. P. , who put his initials on them. The Dy. S. P. then arranged a trap, and asked the complainant Noorgul Khan to hand over the bribe money to the respondent in Gujarat Lodge, situated in Banswara. He also sent P. W. 4 Ganeshi Lal. Sub-Inspector, Anti Corruption Department and two Motbirs P. W. 3 Sokat Ali and P. W. 5 Ratanlal to witness the payment. The Dy. S. P. also followed them and parked his jeep at short distance from the Gujarat Lodge.

(3.) AS previously arranged the accused respondent Mohammad Habib came to the Gujarat Lodge and asked the complainant whether he had brought the amount of Rs. 20/-and thereupon the complainant save two currency notes of Rs. 10/-each initialled by the Dy. S. P. to the accused who out the same in the pocket of his pant. At that time P. W. 3 Sokat Ali is alleged to have told the accused that since he had accepted the money, he would now get Noorsul Khan acquitted. The Dy. S. P. Shri Santosh Kumar disclosed his identity and asked the accused to produce the money which he had taken from the complainant as illegal gratification. On seeing the Dy. S. P. accused became pale and nervous and after some hesitation took out the notes in question from the pocket of his pant and save them to the Dy. S. P. who compared the numbers of the notes which he had noted down and found that they bore his initials. The memo of recovery of the notes was prepared and the same is marked Ex. P. 3. Since the accused had also mentioned his talk with Ganeshi Lal about having taken a knife from the complainant, the Dy. S. P. asked the accused about the knife and thereupon the accused produced a knife, a recovery memo of which was also prepared and the same is marked Ex. P. 6. The Dy. S. P. then arrested the accused, who was in due course prosecuted for the aforesaid offences in the Court of Special Judge, Banswara.